Research On The Protection Of Personal Information Administrative Law In The Opening Of Government Data

From "government information openness" to "government data openness",the change is not only the change of ideas from "information" to "data","openness" to "openness",but also the need to explore new challenges and seek countermeasures from the perspective of administrative law.Faced with this huge change,the top-level system design of government data openness in China is still imperfect: on the one hand,the relevant laws and regulations are low-level and lag behind the needs of social development;on the other hand,due to the lack of a unified data open platform,there are still data barriers between departments,and the phenomenon of "data isolated island" is still normal;on the other hand,due to the lack of a unified data open platform,the phenomenon of "data isolated island" is still normal.Unified metadata standards,open procedures,citizen’s rights protection system and government’s responsibility orientation,etc.In the process of government data opening,the disconnection between supply and demand has become a normal phenomenon.Citizens’ personal information is also facing new risks of infringement.Under this background,how to achieve the balance between information circulation and rights protection is an urgent problem to be solved.In a word,the government has a large amount of personal information,and in the process of opening up the personal information,it also faces the risk challenge,that is,the threat and infringement of the abuse of personal information on the freedom and legitimate rights and interests of the information subject(the right of personal information).Therefore,on the basis of clarifying the relationship between the two systems of "government information disclosure" and "government data openness",this paper tries to take the traditional protection of personal information administrative law as the theoretical basis,in order to realize the structure and reconstruction of the system of administrative public law protection of personal information under the background of government data openness,and then to maximize the protection of the legitimate rights of the information subject.Promote the circulation of personal information,give full play to the value of information and tap the potential value of information.Apart from the introduction and conclusion,the full text is divided into five parts:The first part is mainly through the analysis of several theories about the definition of personal information,to determine the specific connotation of personal information as the object of protection,and to classify and elaborate the legal characteristics of personal information.Based on this,the theoretical basis of the protection of personal information administrative law is analyzed in depth.The second part mainly introduces the evolution process of the system of government information openness to government data openness caused by the data technology revolution.At the same time,although the two systems are closely linked,that is,government data openness is known as the "Government Information Opening Version 2.0",there are differences between the two systems in terms of the object of action,the scope of "openness" and "openness" and the purpose of the system.It is precisely because of the existence of differences,therefore,the subsequent analysis of the institutional positioning of government data openness,and on the basis of institutional evolution,leads to the new era of personal information administrative law protection risks and challenges.The third part is to divide the stages of the process of personal information processing which is open to government data through the theory of administrative process,that is,the stage of personal information collection,the stage of preservation and the stage of opening and utilizing.As we all know,the basic principles play a leading role in the whole system and play a key guiding role in problem solving.Therefore,it is necessary to determine the basic principles of the protection of personal information at all stages of administrative law.The fourth part is mainly on the basis of the division of the stages of personal information processing,and then elaborates the protection dilemma existing in each stage,and sets up some procedures for each stage,in order to achieve the procedural protection of personal information.The fifth part is mainly problem-oriented,explaining how to improve the protection system of personal information administrative law in China.First,based on the comparative analysis and considering the reality of our country,this paper puts forward the Legislative Countermeasures of personal information protection under the background of open government data.The second is to properly construct the "notification-consent" rule in administrative law.Thirdly,through the analysis of the necessity of hierarchical protection of personal information,this paper puts forward the system conception of hierarchical protection at three levels.Fourthly,it is necessary to establish an effective tool to measure privacy risk-"Privacy Risk Assessment" mechanism to prevent malicious disclosure of personal information privacy in government data opening.